Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Ferdaus Rahman Mazumder, S/O.- Late Nazim Uddin Mazumder – Appellant
Versus
State Of Assam To Be Represented By The Commissioner And Secretary To The Govt. Of Assam, Panchayat And Rural Development Department – Respondent
| Table of Content |
|---|
| 1. factual categorization of writ petitions regarding panchayat election disqualifications and administrative inaction. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 49) |
| 2. district commissioner lacks jurisdiction to decide pre-election disqualifications post-result; these must be challenged via election petition. (Para 44 , 45 , 46 , 47 , 48 , 50 , 51) |
| 3. writ of quo warranto cannot be used as an indirect method to bypass established election petitions process. (Para 52 , 53 , 54 , 55 , 56) |
| 4. formal disposal of petitions including dismissal, stay of proceedings, and quashing of unauthorized disqualification orders. (Para 57) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard the learned counsels appearing on behalf of the petitioners in the instant batch of writ petitions. Mr. S. Dutta, the learned Standing Counsel of the Panchayat and Rural Development Department who appears for the said Department and Mr. J. Handique, the learned Government Advocate who appears on behalf of the District Administration. I have also heard th
The District Commissioner lacks jurisdiction to remove a Panchayat member based solely on disqualification claims; such matters must be handled through an election petition post-election results, adh....
Point of law: The challenge to the constitutional validity of Section 175 (1)(q) and Section 177 (1) must fail. The right to contest an election for any office in Panchayat is neither fundamental nor....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
